New and remodel residential and commercial construction projects that are not completed in a timely manner create hardships for neighboring properties and residents. Unfinished construction projects are perceived to reduce adjacent property values, may be potentially dangerous, and result in an unattractive nuisance. Billings City Code does not have any provision for construction time limits. Existing code only specifies the expiration time of a building permit when work has not commenced or is delayed. The expiration time is based either on the date the permit was issued or the date of the last inspection. The new ordinance would require the exterior of a structure to be completed within 18 months of the building permit issuance date. An extension, not to exceed twelve months, could be granted for unique circumstances, such as product shortages, inclement weather, labor disputes or financial difficulties. Violations would be treated as municipal infractions, punishable by civil penalties.

The City Council held a public hearing and approved the ordinance on the first reading on January 25, 2010. A second reading is required to adopt the ordinance.  If approved on second reading, the ordinance is effective 30 days from this date.

City Council may:

• Approve the proposed ordinance upon second reading; or
• Deny the proposed ordinance upon second reading; or
• Modify the proposed ordinance on second reading.

There will be no financial impact to the City as a result of this ordinance.

Staff recommends that Council approve the proposed Construction Time Limit Ordinance on second reading.